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DDC 06/2022 > Deception Liabilities, Case Law and definitions > Flashcards

Deception Liabilities, Case Law and definitions Flashcards

1
Q

Section 228(1)(a) Crimes Act 1961

A

Dishonestly taking or using a document

  • Dishonestly
  • Without claim of right
  • Takes OR obtains
  • Any document
  • With intent to obtain any
    - Property
    - Service
    - Pecuniary advantage
    - Valuable consideration
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2
Q

Section 228(1)(a) Crimes Act 1961

A

Dishonestly taking or using a document

  • Dishonestly
  • Without claim of right
  • Takes OR obtains
  • Any document
  • With intent to obtain any
    - Property
    - Service
    - Pecuniary advantage
    - Valuable consideration
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3
Q

Section 228(1)(b) Crimes Act 1961

A

Dishonestly taking OR using a document

  • Dishonestly
  • Without claim of right
  • Uses OR attempts to use
  • Any document
  • With intent to obtain any
    - Property
    - Service
    - Pecuniary advantage
    - Valuable consideration
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4
Q

Section 240(1)(a) Crimes Act 1961

A

Obtaining OR causing loss by deception

  • By any deception
  • Without claim of right
  • Obtains ownership OR possession of OR control over
    - Any property
    - Any privilege
    - Service
    - Pecuniary advantage
    - Benefit
    - Valuable consideration
  • Directly OR indirectly
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5
Q

Section 240(1)(b) Crimes Act 1961

A

Obtaining by deception OR causing loss by deception

  • By any deception
  • Without claim of right
  • In incurring any debt OR liability
  • Obtains credit
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6
Q

Section 240(1)(c) Crimes Act 1961

A

Obtaining OR cause loss by deception

  • By any deception
  • Without claim of right
  • Induces OR causes any other person to
    - deliver over
    - Execute
    - Make
    - Accept
    - Endorse
    - Destroy OR alter
  • Any document OR thing capable of being used to derive a pecuniary advantage.
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7
Q

R V MISIC

A

Application: Document

“Essentially a document is a thing which provides evidence or information or serves as a record”

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8
Q

AP SIMESTER AND WJ BROOKBANKS

A

Application: Guilty knowledge

Knowing means “knowing or correctly believing”. The defendant may believe something wrongly, but cannot ‘know’ something that is false”

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9
Q

HAYES V R - Uses a document (attempts)

A

Application: Uses a document (attempts)

An unsuccessful use of a document is as much use as a successful one.

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10
Q

R V CARA

A

Application: Service

“Service is limited to financial or economic value, and excludes privileges or benefits”

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11
Q

HAYES V R - Pecuniary advantage

A

Application: Pecuniary advantage

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage”.

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12
Q

HAYES V R - Valuable consideration

A

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or moneys worth.

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13
Q

R V MORELY - intent to deceive

A

Application: Intent to deceive - deception

Purposeful intent to deceive is necessary and must exist at the time of deception.

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14
Q

SIMESTER AND BROOKBANKS - Debt or liability

A

Application: Debt or liability

The debt or liability must be legally enforceable. This means that if the contract is void or illegal there will be no offence.

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15
Q

SIMESTER AND BROOKBANKS - deriving a pecuniary advantage

A

Application: Thing capable of being used to derive a pecuniary advantage

the ‘thing’ must be tangible and must be capable of being used to derive a pecuniary advantage

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16
Q

MORLEY V R - cause loss

A

Application: Cause loss

The loss alleged by the victim must have been induced by, or caused by, the deception. It doesn’t need to be the only factor

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17
Q

Dishonestly taking or using a document - Act and Section

Takes or obtains

A

Crimes Act 1961 - Section 228(1)(a)

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18
Q

Dishonestly taking or using a document - ingredients

Takes or obtains

A

Crimes act 1961 - section 228(1)(a)

  • Dishonestly
  • Without claim of right
  • Takes or obtains
  • Any document
  • With intent to obtain any:
  • Property/service/pecuniary advantage/valuable consideration
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19
Q

Dishonestly taking or using a document - act and section

Uses or attempts to use

A

Crimes act 1961 - section 228(1)(b)

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20
Q

Dishonestly taking or using a document - ingredients

Uses or attempts to use

A

Crimes act 1961 - section 228(1)(b)

  • Dishonestly
  • Without claim of right
  • Uses or attempts to use
  • Any document
  • With intent to obtain any: property/service/pecuniary advantage/valuable consideration
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21
Q

Obtaining by deception or causing loss by deception (obtaining property) - act and section

A

Crimes act 1961 - section 240(1)(a)

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22
Q

Obtaining by deception or causing loss by deception (obtains ownership etc) - ingredients

A

Crimes act 1961 - section 240(1)(a)

  • By deception
  • Without claim of right
  • Obtains ownership OR possession of OR control over:
  • any property/privilege/service/
    pecuniary advantage
    /benefit/valuable consideration
  • Directly or indirectly
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23
Q

Obtaining by deception or causing loss by deception (obtains credit) - act and section

A

Crimes act 1961 - section 240(1)(b)

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24
Q

Obtaining by deception or causing loss by deception (obtains credit) - ingredients

A

Crimes act 1961 - section 240(1)(b)

  • By any deception
  • Without claim of right
  • In incurring any debt or liability
  • Obtains credit
25
Q

Obtaining by deception or causing loss by deception (derives pecuniary advantage) - act and section

A

Crimes act 1961 - section 240(1)(c)

26
Q

Obtaining by deception or causing loss by deception (derives pecuniary advantage) - ingredients

A

Crimes act 1961 - section 240(1)(c)

  • By any deception
  • Without claim of right
  • Induces OR causes any other person to:
  • deliver over
  • execute
  • make
  • accept
  • endorse
  • destroy, or
  • alter
    4. Any document OR thing capable of being used to derive a pecuniary advantage
27
Q

Causing loss by deception - act and section

A

Crimes act 1961 - section 240(1)(d)

28
Q

Causing loss by deception - ingredients

A

Crimes act 1961 - section 240(1)(d)

  • By any deception
  • Without claim of right
  • Causes loss to any other person.
29
Q

Any deception - Definition

A
  • A false representation (Oral, documentary or by conduct) where they intend to deceive and:
    i) knows that it is false
    ii) Is reckless to it being false
  • An omission
  • A fraudulent device, trick or stratagem
30
Q

Representation - definition

A

It must be capable of being false so must contain a provocation of fact. (SIMESTER AND BROOKBANKS)

31
Q

False Representation - definition

A

The defendant must know of believe it to be false.

Must prove:

  • That there was intent to deceive
  • That there was representation
  • That the representation was false and the defendant:
    • knew it to be false OR
    • Was reckless as to whether it was false
32
Q

Intent to deceive - definition

A

R V MORLEY - Purposeful intent is necessary and must exist at the time of the deception

HOWEVER ‘Adams on criminal law’ notes that it can be of continuing effect and if they make the decision part way through they can continue with a false representation

33
Q

Continuing effect - definition

A

Once someone has made the decision to commit an act of deception they continue with false representation to achieve this outcome (E.g deciding part way through a meal that you won’t be paying - continuing to act as though you will before leaving)

34
Q

Intent - definition

A

A deliberate act committed to bring about a specific result

35
Q

Orally - definition

A

Spoken word

36
Q

Conduct - Definition

A

Doing something to cause someone to act a certain way E.g. wearing a university gown to get discounts

37
Q

Documentary - Definition

A

Producing a certificate (etc) of qualification falsely

38
Q

Material particular definition

A

Something important or something that matters

39
Q

Knowledge - Definition

A

SIMESTER AND BROOKBANKS - Knowing or correctly believing

R V CROOKS - Wilful blindness thus equating to knowledge

40
Q

Recklessness - definition

A

CAMERON V R - Deliberate taking of an unjustified risk

Must prove:

  • His/her actions would bring about a proscribed result
  • AND/OR that the prescribed situation existed AND
  • Having regard for that risk, those actions were unreasonable
41
Q

Omission - Definition

A

Not acting / in action

42
Q

Device - definition

A

A plan, scheme or trick

43
Q

Trick - definition

A

An action or scheme undertaken to fool, outwit or deceive

44
Q

Strategem - definition

A

A cunning plan or scheme especially for deceiving an enemy or trickery

45
Q

Privilege OR benefit- Definition

A

‘Special right or advantage’

  • Used interchangeably
    E.G using a persons gym membership card
46
Q

Ownership - definition

A

Synonymous with the concept of title

47
Q

Possession - definition

A

R V COX - Must prove the mental and physical element of possession

Physical - Actual or potential custody/control
Mental - Knowledge that it exists AND intention to exercise possession

48
Q

Control - definition

A

the power of directing command

49
Q

Debt - definition

A

Money owing from one person to another

50
Q

Liability - definition

A

Legally enforceable financial obligation to pay, such as the cost of a meal

51
Q

Credit - definition

A

Obligation on the debtor to pay or re pay

52
Q

Under 240(1)(b) what must you prove?

A
  • By any deception
  • In incurring any debt or liability
  • obtained credit
53
Q

Loss - definition

A

Financial detriment to the victim

54
Q

What must you prove for S240(1)(d)

A
  • The loss was caused by deception
  • It was reasonably foreseeable that some loss would occur
  • Need not prove it was intentionally induced

NOTE: There must be a loss to another person but it need not be for anothers gain

55
Q

Is propensity evidence admissible?

A

Yes, in cases of deception where there is a sufficiently strong link between the two - similar methodology or pattern

56
Q

Title - definition

A

The right or claim to the ownership of that property

57
Q

Voidable title - definition

A

A title obtained by deception, fraud, duress or misrepresentation is called a ‘voidable title’. The defrauder can pass on ‘good title’ if their ‘voidable title’ hasn’t been ‘voided’. If the purchaser purchases with good faith and value.

58
Q

What is needed to void title?

A

Seeking some judicial determination (through civil, disputes or small claims court) + complaint to police

DDC 06/2022 (15 decks)

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